You are entitled to compensation if you were injured in a truck accident caused by a negligent trucker. However, even if you have a strong case, the insurance company for the truck driver and trucking company could deny your claim. Fortunately, you have options to protect your right to damages for your injuries.
Why the Insurance Company May Deny Your Claim
There are many reasons why an insurance company could deny your claim. Some are legitimate reasons, while others are just excuses to try not to pay you. Here are some top reasons:
- Liability disputes. The insurance company could claim that you were partially or completely at fault in causing the truck accident or that another incident caused your injuries. They may raise these issues, even if they are not valid, in order to deny your claim or try to pay you less money in your settlement. This is the most common reason that victims’ claims are denied.
- Policy exclusions. The insurance policy will have a number of exclusions of coverage. The insurance adjuster could claim that the trucker’s or trucking company’s actions fell within one of these exclusions and that the truck crash is not covered under their policy.
- Lapsed coverage. If the trucker or trucking company did not pay their insurance premiums on time, the policy would have lapsed and not been in effect at the time of your truck collision.
- Failure to notify. The insurance policy would have a provision that the company must be notified of your claim within a certain amount of time after the accident. If you, the trucking company, or the truck driver delayed notifying them of your claim, this could be a basis to deny liability to pay you.
Steps to Take If Your Claim Is Denied
You should not give up on obtaining the compensation you deserve if your claim is denied. The insurance company should send you a written notice of the denial that states why they are denying your claim. You should read the letter carefully. Then you should take these steps:
- Hire a lawyer. If you have not already done so, you need to retain an experienced truck accident attorney as soon as possible to fight the denial of your claim.
- Submit evidence. Your lawyer will conduct an investigation into the cause of your truck collision and into the issues raised by the insurance company to deny your claim. They will collect additional evidence to submit to the insurance company and may hire expert witnesses to help resolve any disputes so that your claim can be settled.
- File a lawsuit. If the insurance company will not reverse its decision to deny your claim or refuses to offer you a fair settlement, your attorney will need to file a lawsuit and litigate your claim. You will most likely settle your case at some point in the litigation process.
Do you need to file a claim following a truck accident? Did the insurance company deny your claim? Our dedicated truck accident lawyers will go up against the insurance company so that you obtain justice and the compensation you are entitled to under Virginia law. Fill out our online form to schedule a free case evaluation to learn more about your options and how we can help you.